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2014 DIGILAW 587 (PNJ)

Ramesh v. Karambir

2014-03-21

JITENDRA CHAUHAN

body2014
JUDGMENT Mr. Jitendra Chauhan, J.:- The present appeal has been filed by the appellant, seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Sonepat (for short ‘the Tribunal’), vide award dated 6.10.2004, on account of death of Sanjaya, in a motor vehicular accident. 2. Learned counsel for the appellant submits that the appellant is the husband of the deceased Sanjaya. She was 20 years old at the time of accident. The multiplier applied by the Ld. Tribunal is on the lower side. She was a labourer and used to earn Rs. 100/- per day. The Ld. Tribunal has awarded nothing for loss of future income and consortium. 3. On the other hand, learned counsel for the respondents submits that just and adequate compensation has been awarded to the appellant. I have perused the case file. 4. I have heard the counsel for the parties and perused the case file. 5. It is not disputed that the death of Sanjaya occurred due to the injuries suffered by her in a road accident on 15.4.2003. As per death certificate Ex. P1, the deceased was 20 years of age at the time of death. Taking into consideration the age of the deceased, in view of Sarla Verma vs. DTC, [2009(3) Law Herald (SC) 2107] : 2009 ACJ 1298 (SC), the multiplier of 18 should be applied, in the instant case. 6. From the perusal of the award, it emerges that the deceased was a labourer and her income was assessed at Rs. 2200/- per month, but nothing has been awarded for loss of future income and loss of consortium. 7. In view of the above, this Court feels that ends of justice would be met if the compensation is enhanced in the following manner - Increase of 50% in income: Rs. 3300/- per month (Rs. 2200 + Rs. 1100= Rs. 3300/-) Multiplier increased from 12 to 18 3300 X12X18= Rs. 4,75,200/- Rs. 1 lac consortium payable to the husband (Total Rs. 5,75,200/-) 8. It is ordered accordingly. 9. The enhanced amount shall be paid within three weeks from the date of receipt of certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation. 10. 5,75,200/-) 8. It is ordered accordingly. 9. The enhanced amount shall be paid within three weeks from the date of receipt of certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation. 10. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent.